JS writes: Do small businesses fall within the scope of the new legislation on corporate manslaughter?

Businesses of all sizes are affected by this law and, if you have done nothing to prepare for it, then immediate action is needed.

The Corporate Manslaughter and Corporate Homicide Act 2007 came into force on April 6 and applies to all companies in the private, public and third sectors. A company is guilty of the new offence if the way in which its activities are managed or organised causes a death and amounts to a gross breach of a relevant duty of care.

Courts will look at management systems, working practices and procedures throughout the organisation to see if there was a corporate-management failure. Senior managers and directors who fail to take health and safety seriously could face criminal charges if there is a fatal accident. If found guilty, unlimited fines and remedial orders may result, possibly affecting the viability of an organisation.

Companies should review all their health-and-safety procedures to ensure that they are complying with the latest laws and that individuals managing health and safety are properly trained. Risk assessments should be conducted to identify potential problems before accidents occur.

Your employees also have a responsibility to take care of their safety and that of fellow workers and should report anything of concern immediately. Consult with staff because they can identify potential problems that you may not be aware of. If someone raises a safety concern, don't dismiss it – investigate and act on it. If you operate machinery, make sure safe working practices are in place and communicated to all staff.

It is also vital that you have the right insurance. If you are unsure, get expert advice.

Finally, the Health and Safety Executive provides a 10-point list illustrating the key actions required by law. You can see it at www.hse.gov.uk/business/must-do.htm .